63—Community land. [123] In the following weeks questions about other members of Parliament were raised. Article 47 in The Constitution Of India 1949. Fair administrative action (1) Every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. The State and The Constitution. Perkins alleged that (1) a parcel of 50 ballot papers had been tampered with, removing votes for Perkins and replacing them with votes for Cusack; and (2) people had been enrolled in Eden-Monaro despite their registered address being outside the division. Written over 200 years ago, when the nation was first being established out of the 13 British colonies, this document is a blueprint. [3], Maloney v McEacharn was a related case, in which William Maloney challenged the election of Sir Malcolm McEacharn. The Labor how-to-vote card had Forsyth listed as No. 65—Landholding by non-citizens. SECTION 47 OF THE ADMINISTRATION OF ESTATES ACTS It is often the case in in deceased estates, particularly in instances of intestate succession, that immovable property falls to be inherited by more than one heir. 1Ins. Articles 26 and 27– Whether the disqualifi­cation clause in section 7(2)(g) of UP Ordinance, 1983 offends the equality clause in Article 27 of the Constitution of Bangladesh. [1] The High Court emphasised the extent to which errors or illegal practice may have affected the outcome of the election,[11] with the effect that only close contests give rise to petitions. The Australian Electoral Commission petitioned the Court for a declaration that, because of the loss of the ballot papers, the election was void. Powers and Duties of the Houses . The 300 invalid votes affected the outcome where the McEachern had a majority of only 77 votes. [51], John Porter,[53] challenged the election of Harold Nelson for the newly created representative for the Northern Territory. Terms in this set (53) Article 1: Section 1. outlines structure and powers of Congress . The grounds of the challenge were that (1) Asian and pacific islander people had voted without being naturalised Australians;[61] (2) that ballot papers were inconsistently treated; (3) that an unqualified person had purported to witness postal votes; (5) that there was a reduced turnout in some subdivisions due to the wet season and the difficulty of obtaining qualified witnesses. A Court of Disputed Returns is a court, tribunal or some other body that determines disputes about elections in some common law countries, including the former Australian colonies. [124] On 9 August Roberts was also referred. The full Court may order a recount and appoint one member of the Court to supervise the process and confirm the result. The petition must be filed within 40 days. From this range, the user can then jump to a particular section of the Constitution. In 2016 his building company, Home Australia, went into liquidation. 48. The Parliament of South Australia appointed James O'Loghlin. O'Connor J held that the comment was merely a joke. Functions of Cabinet Ministers and Assistant Ministers 51. Section 47 of the Land Use Act violates Sections 46 and 6 (6) of the 1999 constitution. section 8 of the constitution applies, shall not passed in either House of the National Assembly unless the proposal is supported by the votes of not less than two-thirds majority of all the members of that house and approved by resolution of the House of Assembly of not less than two- thirds of all the states. Learn. [73], These were challenges to the 1980 election of three Liberal Party members, Noel Crichton-Browne as a senator for Western Australia, Sir William McMahon as the member for Lowe and Grant Chapman as the member for Kingston. 47. Further the costs involved mean that serious challenges to the election results are run only by the major parties. Spell. [1] The polling booth at Ni Ni was opened one week later however voters registered at other polling places were not permitted to vote. This email address is being protected from spambots. The High Court did not consider the grounds of the petition, holding there was no valid petition as a telegram was not an original document signed and attested to be true. Section 5. The critical part of the count was which of 2 candidates should be excluded, referred to as the 50th exclusion point. Constitution of Bangladesh, 1972 . Powers and Duties of the Houses . Part II Powers of the Federal Republic of Nigeria 4. 1. The Republ ic 2. Starke J held that while the voters preferences were clear, the Electoral Act "absolutely and imperatively" required that a voter use consecutive numbers so that the votes were properly rejected as informal. 3-1-1977). Oaths to be taken by members of Parliament. At the general election to be held in the year 1978, and in each 16th year thereafter and at such times as may be provided by law, the question of a general revision of the constitution shall be submitted to the electors of the state. 2 The Federal Republic of Nigeria. Ms Hill was therefore incapable of being chosen as a Senator. 34, "The electoral jurisdiction of the High Court as the Court of Disputed Returns: Non-Judicial power and incompatible function? [5] This jurisdiction is now provided in Part XXII of the Commonwealth Electoral Act 1918. Mason J noted that the legislative policy that the Electoral Rolls were a conclusive record of the persons entitled to vote was "the product of the controversial and unsatisfactory history of Parliamentary review of disputed elections" and dismissed the petition. Chapter 5, Part 1, Section 47 of the Nigerian Constitution. 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